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EPA Cites Chisso America, Inc. For Toxic Substance Violations; Seeks $335,300 in Penalties

Release Date: 08/14/1998
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(#98103) New York, New York -- Chisso America, Inc., a Tokyo-based chemical manufacturing company, has been cited by the U.S. Environmental Protection Agency (EPA) for violating multiple rules governing importing chemicals at its Manhattan, New York facility. Chisso faces a total of up to $335,300 in penalties for the violations of the Toxic Substance Control Act (TSCA).

"TSCA requirements are critical to EPA's efforts to prevent pollution and protect people's health. They enable the Agency to determine the risk a new chemical may pose and prevent problems before that chemical is used in the United States, " said Jeanne M. Fox, EPA Region 2 Administrator. "The importer's certification must be accurate so that EPA can ensure the proper regulation of chemicals entering the country."

In a four-count complaint recently issued in late July to the company, Chisso was cited for failing to test or apply for an exemption from testing Decabromodiphenyloxide, a chemical that it imported into the U.S. from Japan. This chemical is used in the states as a flame retardant in a variety of products. TSCA requires manufacturers and importers to test certain chemicals that may contain harmful impurities to ensure that the impurities do not appear in the finished product. Records show that Chisso imported Decabromodiphenyloxde between 1993 and 1997 without performing the required tests for the presence of dioxin or dibenzofuran or applying for a waiver from the testing requirement. While Chisso was in violation of the testing requirement at the time that it imported the chemical, the company has since applied for and received an exemption because the company had purchased the chemical from a manufacturer that did perform the required tests.

Chisso was also cited for failure to file premanufacture notices prior to importing two chemicals used in the manufacture of a variety of U.S.-made products. In addition to information about the toxicology and planned uses of the chemicals, the notices contain information on possible effects on the environment and human health if a release of the chemicals occur. Under TSCA, premanufacture notices must be filed 90 days prior to the importation of any chemical that does not appear on the TSCA chemical substance inventory, which contains about 70,000 chemicals. The two chemicals that Chisso imported were not on the TSCA inventory list. Additionally, Chisso was cited for improperly certifying the TSCA compliance status of the imported chemicals to the U.S. Customs Service. Because the Agency cannot directly verfiy whether imported chemicals comply with TSCA requirements, importers must certify that all imported chemical shipments comply.

For more information contact:
Mary Mears, Press Office
EPA Region 2
290 Broadway
NY, NY 10007-1866
Voice: 212-637-3669 FAX: 212-637-5046 E-Mail: mears.mary@epamail.epa.gov